PHOENIX — Parents of students in public schools have no legal right to withdraw their children from statewide standardized tests, Attorney General Mark Brnovich concluded Friday.
In a formal opinion, Brnovich acknowledged that state law does permit parents to exempt their children from certain learning materials and activities they find objectionable. That even includes keeping them out of a class or lesson where the material is being used or discussed.
But Brnovich, in response to a question raised by state schools chief Diane Douglas, said standardized tests are “separate and distinct” from such materials or activities. And he said nothing in the exemption law specifically includes a right to withdraw from standardized tests.
The attorney general also rejected Douglas’ suggestion that parents gained new rights in 2010 when the Legislature passed a “Parents Bill of Rights.”
That law, he said details the obligation of local school boards to ensure they inform parents about their rights to opt out of certain assignments. It also includes the ability to refuse to have children immunized and the right to not have children taught about AIDS.
But nowhere in that law, Brnovich said, did lawmakers include testing.